CA validated...

[elyse449]

Hi folks,

Ok-got my response to the first DV I sent out.

Ok, the CA "allegedly" validated the debt by sending a complete print-out from the Vet offices regarding all the care any cat I ever had received there. It was a bit more clarifying to. BUT it did not include any form that states Tacoma Cat Hospital is authorizing them to collect nor any form stating they'd legally purchased the debt. Not sure what I should do next...of course nowhere in there was my signature-just an account read out that looks like it came from the OC.

Any thoughts? They're wanting me to "call to make arrangements to begin payments on this bill." Oh...and the date the debt was allegedly made was May. 3, 2001 (any idea about the SOL on a debt like this?)

In detail here is what I received:

Half page "note" with the CA's letterhead on it. A message that says it "should provide the information requested , please call our offices...blah, blah, blah. The next several pages are the print outs I told you about above. Again, no signature on any of the pages. It's creepy though that I didn't get a form that says they're allowed to collect on this.

Elyse

[admin]

They did not validate. Read the link above on debt validation.

Kristy

[elyse449]

After I posted that I went ahead and re-read the debt validation link and I'll go re-re-read it but it really sounded like they DID validate, at least according to what the FDCPA/FCRA had to say about validation. I'll go look again though.

Edited: Yep, it really sounds like they validated. FTC opinion letters aren't really going to help me because it's been my experience that unless the LAW specifies that they have provide x,y,z then they won't. A simply "opinion" isn't going to hold water for me. AT the very least I would think that I can request that they send me a copy of the form that says they either bought this debt or were assigned this debt that way they can prove that they have legal authority to collect on it. One thing I know they DID NOT do was give me my "mini-miranda" is that what it is? When they tell you that you can dispute the debt? I didn't get that--not even 5 days after their initial communication. Any idea on how to approach that topic? Can I use it to my advantage?

TIA-ANY responses/help are welcome.

Elyse

[admin]

They still have to prove that the debt is yours and they are entitled to collect it. Did they do that? Doesn't sound like it to me - just my opinion. Others here have won based on this...

[elyse449]

I'll try writing another letter. Any final opinion on what to include in it? I'm basically going to say, "thank you for your letter dated such and such HOWEVER I did not find enclosed therein any form stating your right to collect this debt nor did I find proof that it is mine as anyone could go onto their computer and do such a print out!" LOL... (Hopefully I'll find a way to word it better of course!)

Elyse

[Guest]

That is in no way validation.

You need to read on some of the other threads, like the Wollman letter I believe from the FTC which says you can't just send copies of computer printouts.

You also have them for violations of Section 809.. failing to notify you of your right to dispute.

Stop playing nice with them.

Tell them you need to see where you signed for this treatment on THAT particular cat and all payments etc ....

Then you can worry about them having validated.

Good luck.

[elyse449]

I haven't "played" anything with them--all I have done is requested validation and received a print out--I haven't responded yet. That's where I'm at...we'll see.

Elyse

[elyse449]

Ok, now it's time to PLAY!!!

I'm constructing a letter tonight to send via CMRRR tomorrow...I will check out that Wollman letter AND the other info here at the site, any last minute thoughts??

Honestly folks...I really do appreciate your help and input. And you're all correct...in NO way does a simple print out PROVE it's my debt nor does it prove they have the right to collect it. I just hope I can word it right....argh...we'll see how it goes I guess.

This is my first "spar" so to speak...wish me luck----PLEASE!!

Elyse

[DocPC]

You will do just fine luv.

[elyse449]

Thanks doll...

Here is what I have so far....lol. I may be missing something or perhaps should avoid saying something...but here it is:

To Whom It May Concern;

Thank you for your letter received July. 16, 2004 and the accompanied “print-out” of this account, however this

account is still disputed by me.

According to both the FTC and the FDCPA you have failed to comply with appropriate validation of the above

mentioned debt (see Wollman letter via FTC). Nowhere within the forms I received did I find my signature

authorizing such billing nor did I find the form that denotes your contract with the creditor to collect upon this debt.

The amounts listed are distinctly different from the ones your firm initially gave me also. Finally, never have I gone by

the name, “Elyse-Elyse-Elyse.” (they listed my previous last name and ADDED my new last name)

Also, I wish to inform you that your firm not only failed to inform me of my right to dispute within it’s original letter,

but it still failed to inform me within the appropriate 5-day period of my right to request a validation of this debt, a

clear violation of the FCDPA code *809 (s)). A final violation by your firm included “verifying” this debt with the

reporting collections agencies prior to validating with me. In other words, you verified a debt to them thus continued

collection activities prior to answering my letter of dispute.

If your firm can provide me a signed form that denotes my signature authorizing these procedures and if your firm can

provide a form stating you have a legal and binding agreement to collect on behalf of Tacoma Cat Hospital I will be

fully willing to negotiate with your firm on a payment schedule or settlement of this account.

Until then, consider this account in dispute status.

Thank you for your time.

Cordially,

Elyse

I didn't want to screw my chances of a settlement w/ them in the event that they come up with this stuff, ya know??? It's kind of neat...turning on them their own trick against us? Annoying them to the point of them giving up!! LOL!

Ok, not going to get big-headed here cuz I know my luck will run out. Each situation is going to vary and I hope I'm prepared for that. There's something I feel like I'm missing as far as denial that the debt is mine--don't know how to word that, ya know? I don't want the letter to seem as though I'm admitting to the debt and trying to get off by default... I may mess myself up once we end up in court--IF we do that is. Whaddya think????

[Guest]

I wouldnt tell them that I will pay if they can provide the documents..

That sounds like.. Yeah..I know its mine but prove it is. If you cant I wont pay.

You need to leave that out.

Other than that I think it was very well worded and effective

[DocPC]

I wouldnt tell them that I will pay if they can provide the documents..

That sounds like.. Yeah..I know its mine but prove it is. If you cant I wont pay.

You need to leave that out.

Other than that I think it was very well worded and effective

Ditto. 8)

[elyse449]

Just what I thought, thanks!

Elyse